logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.31 2016고단7337
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who had worked as a general manager of “H” in Gangnam-gu Seoul Metropolitan Government from November 2, 2015 to May 2, 2016, and the victims are those who reside in the said Notification Board.

1. On November 3, 2015, the Defendant infringed upon the residence of the victims residing in the above Gowon’s office around 17:06, by checking the victim I (n, 30 years of age) residing in the above Gowon 308 and going out of the above Gowon’s office, and then opening the entrance and opening the entrance in front of the victim’s panty photograph in order to take the victim’s panty photograph by using the cres without the victim, and entering into the above 308 entrance in front of the above 308 entrance. From around that time to May 10, 2016, the Defendant invadedd the victim’s residence in the above Gowon’s dwelling, as described in the list of crimes committed in the attached Table.

2. The Defendant searched the victim’s residence at the time and place of the preceding paragraph, as described in the preceding paragraph, by opening and confirming the victim’s panty photographs at hand to take the victim’s panty photographs as well as searching the victim’s residence from around that time to May 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to J, K, L, M, and I;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (exploit analysis outside seized articles);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Intrusion upon residence: Article 319(1) of the Criminal Act, and the choice of imprisonment;

(b) A residential search: Article 321 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) and 50 of the same Act, which shall apply to concurrent crimes (an aggravated punishment for concurrent crimes prescribed for heavier residence search);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is the defendant's primary offender, and his mistake has been depthed after the crime.

arrow